The Treaty Between The Czechoslovak Socialist Republic And The Gdr On Cooperation On Border St.

Original Language Title: o Smlouvě mezi ČSSR a NDR o spolupráci na st. hranicích

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33763&nr=25~2F1978~20Sb.&ft=txt

25/1978 Sb.



DECREE



Minister of Foreign Affairs



of 14 July 1999. February 1978



the Treaty between the Czechoslovak Socialist Republic and the German

Democratic Republic on cooperation at the common borders

and mutual assistance on border issues



On 8 June 1998. September 1976 in Berlin was signed the Treaty between the Czechoslovak

Socialist Republic and the German Democratic Republic on

cooperation at the common borders and on mutual assistance in

border issues.



With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the President of the Republic has ratified it.

The instruments of ratification were exchanged in Prague on 12. September 1977.



According to article 34, the Treaty entered into force on 12 March 2005. September 1977.



The Czech version of the Treaty shall be designated at the same time.



Minister:



Ing. Chňoupek v.r.



CONTRACT



between the Czechoslovak Socialist Republic and the German Democratic

Republic on cooperation at the common borders and the mutual

help on border issues



The Czechoslovak Socialist Republic and the German Democratic Republic

in the spirit of the Declaration on the strengthening of friendship and deepening brotherly

the cooperation between the Communist Party of Czechoslovakia and the single

the Socialist Party of Germany and between the Czechoslovak Socialist

Republic and the German Democratic Republic from 17 May. October 1974 with

to further deepen their cooperation at the common borders

agree to enter into this agreement.



To this end, have designated their agents:



The President of the Czechoslovak Socialist Republic



Major General Charles Kozelka,



the Deputy Interior Minister of the Czechoslovak Socialist Republic,



The State Council of the German Democratic Republic



Generalleutnant Erich Peter,



the Deputy Minister of national defence and the Commander of the Border troops of the German

Democratic Republic,

who, having exchanged their full powers, found in good and due

the form, have agreed as follows:



Part I



Appointment of border agents and their competence



Article 1



To carry out the tasks arising from this agreement, the competent authorities shall establish a

Each Contracting Party the main border agent, as well as the representative of the

the main border agent, border agent, representative

border agents and helpers of border agents.



Article 2



(1) a person referred to in article 1 shall appoint:



1. Government-border agents



2. the competent Minister-Deputy Chief border agent and

the border agent;



3. main border agent-representative of the border agents;



4. the competent border agent-helpers of the border agent.



(2) the Governments of the Contracting Parties shall notify each other through diplomatic channels of the

the appointment of major border agents, within 30 days after the entry of the Treaty in

force.



(3) the main border agents and border agents are authorized to

invite experts.



Article 3



(1) the main border agents, as well as their representatives, border

agents, their deputies and assistants shall receive for the performance of its functions,

power of Attorney drawn up in the Czech or Slovak and German languages. Patterns

These full powers are listed in annex 1 to 5.



(2) the power of attorney be drawn up:



1. for the border agent Prime Minister;



2. for the Deputy Chief of the border agent, border agents and

their representatives and assistants who is appointed pursuant to article 2

paragraph. 1.



Article 4



(1) the main border agents performs the following tasks:



1. establish the principles of interoperability of national borders to conservation authorities

the implementation of measures at the common borders (hereinafter referred to as "State

limit ");



2. evaluate the effectiveness of the protection of State borders, status and maintenance

border, characters discuss significant events on State borders, and

down common measures to increase the safety and security of the State

borders;



3. controls and coordinate the activities of the border agents;



4. matters, which they could not resolve the border agents

or that go beyond their jurisdiction;



5. advance matters that could not be resolved or that exceed the

their jurisdiction, to hear through diplomatic channels.



(2) the provisions of paragraph 1 of section 5 shall not preclude the main border

Agent have been transferred to address questions that have been discussed

through the diplomatic channel.



Article 5



(1) Border agents performs the following tasks:



1. assess the situation regularly on State borders, coordinating the

the use of forces and means of protection of State borders and ensure exchange of

of information between the authorities of the protection of State borders;



2. laying down common measures to ensure safety and order on the

State borders, including those that are necessary for the implementation of the

economic-technical work on State borders;



3. ensure the crossing of national borders, rescue units and

the other teams during natural disasters, accidents or other

emergency situations, as well as their joint exercises;



4. checking the status of a designation of the national borders.



(2) the border agents shall investigate, hear and in the extent of their

the scope of decisions, in particular in the following cases:



1. for breaches of State borders;



2. when the acts or events in the vicinity of frontiers, which led to the

death or injury of persons, or to destroy or

damage to property in the national territory of the other Contracting Party;



3. damage, destruction, or unauthorized transfer of frontier

characters;



4. when the damage incurred as a result of violations of the right to State

borders;



5. finding things or animals who find themselves on the territory of the other

the Contracting Parties;



6. when the unauthorized exchange of items across the State border;



7. when other events occur on State borders, the solution is not

a decision must be the main port of the diplomatic agent or

along the way.



(3) Border agents in addition to fulfilling the tasks resulting from the

other agreements concluded between the competent authorities of the Contracting Parties.



(4) Border agents are obliged to immediately inform each other of

the situation and events that may affect the safety and order on the

State borders.



(5) the start and end of the action of the competent authorities, the border

agents shall inform without delay:



1. during natural disasters, accidents and other emergency situations,

that may have consequences on the territory of the other Contracting Party;



2. on the occurrence of communicable diseases and infections in people or animals, and

the occurrence of the field or forest pests in the vicinity of frontiers;



3. when the finding of oil or other harmful substances in the border waters

or in waters near State borders, if they can have consequences on the

State of the territory of the other party;



4. when the air pollution in the vicinity of the border, if it can

cause immediate danger to the health of people, animals, or

plants in the national territory of the other Contracting Party;



5. when the temporary closure of the border crossings or restrictions on crossing

national borders.



Exchange of information through diplomatic channels is not affected.



(6) the Border agents are advancing matters which could not resolve

or which exceed their jurisdiction, the main border agents.



(7) the provisions of this article shall not preclude the border agent were

transferred to the solution of the questions that were discussed the main border

agents or through diplomatic channels.



Article 6



Representatives of the major border agents and representatives of border agents

in the scope of tasks delegated to them the same rights and obligations as

of the person they represent.



Article 7



(1) the helpers of border agents perform the tasks for which they are stored

border agents or their representatives.



(2) the border agents of the two parties jointly determine the scope of

the tasks imposed on the people.



Part II



Safety and order on State borders



Article 8



(1) Border agents of the Contracting Parties shall cooperate in the prevention of

distortions of national borders, while the prosecution and detention of persons

attempting to illegally cross the State border, or that the State

border illegally crossed (hereinafter referred to as "intruders") and

investigating other cases of violation of the legislation governing the

safety and order on State borders.



(2) where traces of intruders on the national territory of the other Contracting Party,

passes as soon as stíhající authority authority to protect national borders the other

the contracting parties all of the necessary information to allow for more prosecutions.



(3) the immediate prosecution of the attacker across national boundaries at the State

the territory of the other Contracting Party may only lead authorities to the protection of the State

the border with the consent of the port agent of the other party. Without

This consent may result in immediate prosecution only if

If the delay would result in the leakage of an intruder. The immediate

the prosecution is permissible only in exceptional cases and only where necessary to

the place where the stíhající authority will meet with the competent authorities of the other Contracting

Parties up to a depth of 5 km of the national territory of the other Contracting


party. Immediate prosecution in the municipalities is not permitted.



(4) when the immediate prosecution of the national territory of the other party is

possible to use service dogs and official vehicles.



(5) the following shall be considered As the immediate prosecution of cases in which prosecution is in

the supervisory authority or stíhajícího when it comes to dog after a scent trail.



(6) during the immediate prosecution of the national territory of the other party

is it allowed to use weapons only for self-defence. Access to the buildings

is inadmissible. Stíhající shall be authorized to determine whether the detainee

the intruder does not have a gun or other objects which could be used

against the stíhajícímu authority, and the weapon or objects.



(7) the Intruder the detainee when the immediate prosecution on national territory

other Contracting Parties shall transmit without delay, together with the items provided

When the immediate prosecution and detention authorities to the protection of the State borders

of the Contracting Party in whose national territory was detained. For the next

Article 9 applies.



Article 9



(1) persons who have been detained for intentional unauthorized crossing

the State border, the border agent passes the border agents of the second

the Contracting Parties. The handover is done according to the law of a Contracting

the State party on whose territory the person detained within 48 hours

from detention. At the same time shall transmit to the objects and means of payment which

the person in detention should be together, if these objects and the payment

resources are exported from the national territory of the other Contracting Party.

Means of payment, the Contracting Party in whose territory the person State

detained, are not forwarded if it is unequivocally detects that these

means of payment have been obtained by illegal means.



(2) Detained persons shall not be transmitted, if they are nationals of a Contracting

the State party on whose territory they were detained.



(3) persons detained pursuant to paragraph 1 shall not be transmitted, if appropriate

investigative bodies shall make for unauthorized border crossing

or on suspicion of committing other crimes.

In this case, the provisions of the applicable contractual arrangements between the

the Contracting Parties on mutual legal assistance in criminal matters.



(4) the port agent of the other party shall be in any case

immediately informed of the detention for unauthorised crossing of State borders,

even if it does not pass.



Article 10



(1) persons who have been detained for unintended unauthorized crossing

the State border shall be transmitted without delay to the border agents of the Contracting

party from whose territory came. With regard to items and

means of payment that the person in detention together, proceed

Similarly, according to article 9 paragraph 2. 1.



(2) If a person referred to in paragraph 1, the contracting party nationals

on the national territory have been detained, the competent authorities of the

the Contracting Parties may decide, in agreement with the competent authorities of the other Contracting

Parties of the neprodleném the return of such persons to the territory of another Contracting State

party.



(3) If a person referred to in paragraph 1 are suspected of having committed a criminal

the acts on the State territory of the Contracting Party in which they have been detained, it

shall apply mutatis mutandis the provisions of article 9, paragraph 1. 3 and 4.



Article 11



The border agent of one Contracting Party may refuse or defer

the takeover of the persons referred to in article 9 or 10, and also specify the

the reasons for the refusal or suspension of a takeover.



Article 12



Animals or things that they found themselves on the territory of the other Contracting

Parties may be returned with the consent of border agents.



Article 13



(1) Border agents jointly investigate damage caused by disruption of the

order on the State borders. This examination includes the gathering

and the taking of evidence, as well as their transfer to competent authorities.



(2) the border agents may clear up minor damage along with

the origin of the damage and injured after their mutual consent on the spot.

These cases are not forwarded to the authorities responsible for dealing with refunds

damages from the log of the captured border agents is obvious,

that the victim has no additional requirements.



(3) the compensation agreed by the border agents or other

the competent authorities according to the applicable legislation on payments between

the Contracting Parties, if the damage has not been replaced by any other way.



(4) the decision of border agents in the cases referred to in paragraph 2

do not exclude the possibility of applying the claims in court.



Article 14



The investigation carried out by the border agents under this agreement,

they do not have the character of the acts carried out investigative authorities.



Article 16



The parties will carry out the economic work in the vicinity of

the borders so that they harmed the interests of the other Contracting Party and to

taken of the safety and order on State borders.



Article 17



Hunting lodge it is forbidden to shoot across the State border and Chase game

on the territory of the other Contracting Party.



Article 17



Fishing in border waters is permitted from the shore up to the border line, and

It only from sunrise to sunset.



Article 18



Border agents of the Contracting Parties shall inform each other

the upcoming festivities on State borders and provides for the necessary

safety precautions connected.



Article 19



Traffic at border crossings and privileged direct railway

to the right, as well as the cooperation of the competent authorities of both Contracting Parties in

joint checks on persons crossing the State border and the cost

transported across State boundaries are not affected by this agreement.



Article 20



(1) the roads and paths, which are the State border, where appropriate, that

leading wholly or partially to the national territory of a Contracting Party and which

on the basis of the local situation are used by citizens of both Contracting Parties,

the competent authorities of the Contracting Parties to maintain to meet

the needs of transport.



(2) the competent authorities of the Contracting Parties shall inform the main border

an agent of the measures planned for the maintenance of roads and paths according to the

of paragraph 1.



(3) citizens of the Contracting Parties that use the roads referred to in

paragraph 1 do not need documents, which is otherwise to be exceeded

national borders and shall be subject to the legislation of the Contracting Party of which they

they are citizens.



(4) a list of the roads referred to in paragraph 1 shall be approved by the Government of the

party.



Part III



Crossing of State border



Article 21



(1) the main border agents, their representatives, as well as border

agents, their deputies and assistants can in connection with work

its tasks exceed the State border on the basis of their full powers.



(2) Experts whose presence is required in the performance of tasks,

cross the State border only in the presence of one of the persons referred to in

paragraph 1.



Article 22



(1) a person referred to in article 21 are in the transition state borders and during

stay on the territory of the other Contracting Parties shall be exempt in the context of

the fulfilment of the tasks arising from this agreement from customs examinations, as well as

from import and export restrictions, from customs duties and other charges in respect of

their business documents, means of transport and other articles intended

for their business activity and the necessary personal use.



(2) the persons referred to in article 21 may stay on the national territory of the other

the Contracting Parties to wear business uniforms and service weapons. In the performance of

on the national territory enjoy the right to personal inviolability; their

means of transport and business documents are also inviolable.

The second party shall provide such persons at their request, with the necessary

assistance, in particular by providing means of transport, accommodation and the link with

their own authorities.



Article 23



(1) persons that are based on the agreement of the competent authorities of the Contracting

the parties entrusted with the charge of the assessment, and to indicate the maintenance of State borders,

work on the road or other technical devices, work on

bridges, water measures, regulatory work on

border waters, vyměřovacími works, maintenance and control of the public

equipment and the work on the translation work in railway stations or other

close to the State border on the territory of the other Contracting Party, shall have the

the border pass.



(2) for the purpose of carrying out the work referred to in paragraph 1 may be

neverthe outside border crossings, by agreement with the

the competent border agent.



(3) a border pass entitles to carry out work on the national territory of the other

the Contracting Parties to a depth of 5 km, if necessary, this can be

the distance with the consent of the border of the Plenipotentiaries of both parties

extended.



(4) the persons who for the purpose of execution of the works crossed the State border

outside of the border crossings, is stay on the national territory of the other party

allowed only from sunrise to sunset. They are to be working

carried out at night, you must timely inform the border agent and

in particularly urgent cases, local authorities in the protection of the State borders

both of the parties. This information is not served for employees who

perform services in day and night to ensure the operation on the translation

stations.




Article 24



(1) a person referred to in article 23, paragraph 1. 1 are entitled to import duty free and

exports to and from the territory of the other party material, transport

instruments and working equipment needed to perform the work entrusted to them.

If the work lasts a few days, these items may be left with the

consent of the competent authorities of the Contracting Parties in the workplace.



(2) the competent authorities of the Contracting Parties jointly lays down the principles for

exemption from customs fees and restrictions that apply when crossing

national frontiers, to the persons referred to in article 23(2). 1.



Article 25



(1) the members of the authorities, immigration and customs checks, employees

railway administrations and staff of other organizations of the Contracting Parties

involved in the inspection, handling and provision of traffic on

border crossings may exceed the State border in order to exercise

their functions on the basis of the border of the cards.



(2) the persons referred to in paragraph 1 does not apply the restrictions referred to in article 23

paragraph. 3 and 4.



Article 26



The main border agents jointly shall lay down the necessary measures to

the competent authorities of the contracting parties must comply when carrying out

economic-technical work, crossing the State border. For this

the purpose of such bodies are required to timely meet the main border

an agent with planned arrangements.



Article 27



Border agents of the Contracting Parties shall be authorised to permit, for the mutual

Agreement exceeding national borders outside authorised border crossing points and in the other

individual cases.



Article 28



The determination of the sampling and the issuance of border cards is performed according to

the national rules of the Contracting Parties. The competent authorities of the Contracting

the Parties shall exchange each other's patterns of frontier licences.



Article 29



(1) for natural disasters, accidents and other emergency situations in the

the vicinity of frontiers, the competent authorities of one Contracting Party

request through the border agents to provide assistance

the competent authorities of the other Contracting Party. If there is a risk of delay

or where it is clear from other agreements, the competent authorities of a Contracting

the parties request the provision of assistance to the competent authorities of the other Contracting

parties directly; the competent authorities of the Contracting Parties shall immediately

inform the border agent.



(2) for the purposes of the provision of assistance referred to in paragraph 1 may rescue

units and auxiliary of the cooperative, as well as doctors and other health care

neverthe staff with a personal identity card and stay

on the territory of the other Contracting Party, the time required to provide

assistance.



(3) the Crossing of State borders in the cases referred to in paragraph 1 shall

may be carried out at border crossings or other purpose

the agreed places.



(4) Brought the materials, apparatus, tools, transport and connection

the resources needed to provide assistance, as well as objects

personal needs of the persons referred to in paragraph 2 shall be exempted from customs duties.

Instruments, tools, traffic, and fasteners, as well as

any unused materials to take back again.



(5) the provisions of paragraphs 2 to 4 shall be used mutatis mutandis for the execution of

joint exercises.



Article 30



(1) for natural disasters, accidents and other emergency situations

can people cross national borders at any place and in

any time, if it can ward off the danger of harm to their

health or the health of other people.



(2) the return of the persons referred to in paragraph 1, shall ensure the border agents

of the Contracting Parties.



Article 31



(1) the Expenses incurred by the granting of aid in the cases referred to in articles 29 and 30

shall be borne by the Contracting Party, which has asked for help, or which

assistance given to citizens.



(2) these expenses include especially damages for death or injury to

the health of the person providing the assistance, as well as compensation for loss of or

damage to objects or tools.



(3) the Entitlement of persons who provided assistance, for damages and its amount

determined in accordance with the legislation of the Contracting Party in whose national territory

they live.



(4) the Expenses and allowances referred to in paragraphs 1 to 3 shall be paid in accordance with

current regulations on payments between the Contracting Parties.



Article 32



Persons who participate in the vicinity of frontiers of mass

Assembly or the celebrations organized by the public authorities or jointly

social organizations of the two parties, exceed the State

the boundaries according to the principles approved in front of their holding of the main border

agents.



Part IV



Final provisions



Article 33



(1) for the implementation of this Agreement shall negotiate the central competent authorities

the Contracting Parties to the relevant agreement.



(2) the annexes to this agreement may be amended by agreement of the competent

the central authorities of the Contracting Parties.



Article 34



This agreement requires ratification and shall enter into force on the date of the exchange of

instruments of ratification. The exchange of instruments of ratification takes place in Prague.



Article 35



This agreement is concluded for a period of ten years. Its validity shall be

extended by five years, unless one of the Contracting Parties not later than

six months before the expiry of the period of validity of denounces it.



Article 36



On the date of entry into force of this Agreement shall cease to have effect:



1. the agreement between the Government of the Czechoslovak Republic and the Government of the German

the Democratic Republic of the border zmocněncích of 22 March. September 1956;



2. the Convention between the Government of the Czechoslovak Republic and the Government of the German

Democratic Republic on aid for natural disasters of 6. October

1956 as amended article II made by Exchange of notes dated June 28. may

1963.



This agreement was drawn up on 8 June 1998. September 1976 in Berlin in two

copies each in Czech and German, both texts have

the same force.



In witness whereof this agreement was signed by agents and getting it to its

seals



For



Czechoslovak Socialist



Republic of:



Kropáček v.r.



For



The German Democratic



Republic of:



Peter v.r.



Č. 1

(page 1) (page 2) (page 3)



Power of Attorney (same wording

č. ........... The Government is in German)

Czechoslovak Socialist

of the Republic of



her name was



.................................

business title, name, surname

(photos)

the main border agent



for the State border between the Czechoslovak Socialist

Republic and the German Democratic Republic.



(stamp) Appointed shall be authorised to carry out their activities

According to the Treaty between the Czechoslovak Socialist

Republic and the German Democratic Republic

on cooperation on common State borders and

on mutual assistance on border issues from. ....

........................, and has, on the basis of this

the power of attorney the right to cross the State border between

The Czechoslovak Socialist Republic and the

The German Democratic Republic.



....................

signature of the holder



Prague, the day............... 19........



The President of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC



Č. 2

(page 1) (page 2) (page 3)



Power of Attorney (same wording

č. ........... Minister................. "in German)

Czechoslovak Socialist

of the Republic of



his name was



.................................

business title, name, surname

(photos)

the representative of the border agent



for the State border between the Czechoslovak Socialist

Republic and the German Democratic Republic.



(stamp) Appointed shall be authorised to carry out their activities

According to the Treaty between the Czechoslovak Socialist

Republic and the German Democratic Republic

on cooperation on common State borders and

on mutual assistance on border issues from. ....

........................, and has, on the basis of this

the power of attorney the right to cross the State border between

The Czechoslovak Socialist Republic and the

The German Democratic Republic.



....................

signature of the holder



Prague, the day............... 19........



Ministr..............................



Č. 3

(page 1) (page 2) (page 3)



Power of Attorney (same wording

č. ........... Minister................. "in German)

Czechoslovak Socialist

of the Republic of



his name was



.................................

business title, name, surname



the border agent



in the space................... national borders

between the Czechoslovak Socialist Republic

and the German Democratic Republic.



(photos) Appointed shall be authorised to carry out their activities

According to the Treaty between the Czechoslovak Socialist

Republic and the German Democratic Republic

on cooperation on common State borders and

on mutual assistance on border issues from. ....

(stamp) ... ... ... ... ... ... ... ... and is based on this

the power of attorney the right to cross the State border between

The Czechoslovak Socialist Republic and the

The German Democratic Republic between the border

character no........, and a marginal character no........



....................


signature of the holder



Prague, the day............... 19........



Ministr..............................



Č. 4

(page 1) (page 2) (page 3)



Power of Attorney (same wording

č. ........... The main border agent in German)

Czechoslovak Socialist

of the Republic of



his name was



.................................

business title, name, surname



a representative of the border agent



in the space................... national borders

between the Czechoslovak Socialist Republic

and the German Democratic Republic.



(photos) Appointed shall be authorised to carry out their activities

According to the Treaty between the Czechoslovak Socialist

Republic and the German Democratic Republic

on cooperation on common State borders and

on mutual assistance on border issues from. ....

(stamp) ... ... ... ... ... ... ... ... and is based on this

the power of attorney the right to cross the State border between

The Czechoslovak Socialist Republic and the

The German Democratic Republic between the border

character no........, and a marginal character no........



....................

signature of the holder



Prague, the day............... 19........



The main border agent



Č. 5

(page 1) (page 2) (page 3)



Power of Attorney (same wording

č. ........... The border agent in German)

Czechoslovak Socialist

of the Republic of



his name was



.................................

business title, name, surname



the border agent Assistant



in the space................... national borders

between the Czechoslovak Socialist Republic

and the German Democratic Republic.



(photos) Appointed shall be authorised to carry out their activities

According to the Treaty between the Czechoslovak Socialist

Republic and the German Democratic Republic

on cooperation on common State borders and

on mutual assistance on border issues from. ....

(stamp) ... ... ... ... ... ... ... ... and is based on this

the power of attorney the right to cross the State border between

The Czechoslovak Socialist Republic and the

The German Democratic Republic between the border

character no........, and a marginal character no........



....................

signature of the holder



Prague, the day............... 19........



The border agent